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Simon Property Group, Inc. v. Palombaro

December 4, 2008

SIMON PROPERTY GROUP, INC., ET AL., PLAINTIFFS,
v.
MARK M. PALOMBARO, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Hon. Gary L. Lancaster, United States District Judge

ORDER

AND NOW, this 4th day of December, 2008, in this action in which claims have been asserted under the Federal Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. §§ 1961-1968 ("RICO"), IT IS HEREBY ORDERED as follows:

Plaintiff shall file, on or before December 24, 2008, a RICO case statement which shall set forth those facts upon which plaintiff relied to initiate the RICO claim as a result of the "reasonable inquiry" required by Fed. R. Civ. P. 11. The statement shall be in paragraph form corresponding by number and letter to the paragraphs and subparagraphs appearing below and shall provide in detail and with specificity the information required by this Order.

1. State whether the alleged unlawful conduct is in violation of any or all of the provisions of 18 U.S.C. §§ 1962(a), (b), (c) or (d).

2. List each defendant and state the alleged misconduct and basis of liability of each defendant.

3. List alleged wrongdoers, other than the defendants listed above, and state the alleged misconduct of each.

4. List the alleged victims and state how each victim has been allegedly injured.

5. Describe in detail the pattern of racketeering activity or collection of unlawful debts alleged for each RICO claim. The description of the pattern of racketeering shall include the following information:

a. A list of the alleged predicate acts and the specific statutes which were allegedly violated;

b. The date of each predicate act, the participants in each such predicate act and the relevant facts surrounding each such predicate act;

c. The time, place and contents of each alleged misrepresentation, the identity of persons by whom and to whom such alleged misrepresentation was made and if the predicate act was an offense of wire fraud, mail fraud or fraud in the sale of securities. The "circumstances constituting fraud or mistake" shall be stated with particularity as provided by Fed. R. Civ. P. 9(b);

d. Whether there has been a criminal conviction for violation of any predicate act and, if so, a description of each such act;

e. Whether civil litigation has resulted in a judgment in regard to any predicate act and, if so, a ...


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